The Bombay High Court on Tuesday dismissed a petition filed by Congress leader Rahul Gandhi seeking quashing of defamation complaint against him. He had made an election speech in Bhiwandi in the neighbouring Thane district, wherein >he had accused "RSS people" of "killing Mahatma Gandhi."
Rajesh Kunte, an RSS functionary from Bhiwandi, had filed a complaint against him in the Bhiwandi court. The Congress leader had sought quashing of the complaint after the Bhiwandi court had summoned him for evidence last year.
After Tuesday's judgement, Mr. Gandhi will now have to remain present in the Bhiwandi court for the defamation complaint trial.
Mr. Gandhi had said in his petition before the Bombay High Court that the complaint against him was motivated and mala fide. He had said during the final arguments that there are books in support of this theory, which have explained it. He said that no criminal case was made out against him.
But respondent Rajesh Kunte argued that his petition was not mala fide. He said that since the Bhiwandi court was hearing the complaint, it was important for Mr. Gandhi to lead the evidence before that court. He had argued that if Mr Gandhi could come to Bhiwandi to deliver a speech, he could also come there to appear before the court.
The Maharashtra government too had opposed the petition filed by Mr Gandhi, on technical grounds. The government counsel had told the court that since the lower court was already conducting trial in the matter, Mr Gandhi should remain present there are lead the evidence.
Mr. Gandhi had, in an election rally at Bhiwandi last year, said that it was 'RSS people who had killed Mahatma Gandhi.' The RSS functionaries at Bhiwandi later promptly went and filed a defamation case against him in the Bhiwandi court.
The Bhiwandi court had summoned Rahul Gandhi to remain present before it. But Mr Gandhi approached the Bombay High Court seeking relief from personal appearance. After granting interim relief, the Bombay High Court had kept the matter for order this week.
Tuesday's judgement means that Mr Gandhi will have to remain present before the Bhiwandi court during the next date, and give statement in the matter.
